Terms of Use

These terms apply to your use of this website and to the information on it, including boats listed for sale. Please read them carefully. By using the website you agree to them.

1. Who we are

This website is operated by Island Yacht Care, Front Street 45, Philipsburg, Sint Maarten ("we", "us"). Contact: info@islandyachtcaresxm.com.

2. Information on this website

The content of this website is general information about our services. It is not professional, technical, legal, tax or financial advice, and it is not an offer that can be accepted. We try to keep it accurate and up to date, but we do not guarantee that it is complete, current or free of errors, and we may change it at any time without notice.

3. Our services

• Written terms apply. Every service is subject to availability and to a written quote, confirmation or agreement. That document sets out the scope, price and terms of the work and takes priority over this website.
• Checks are not surveys. Our inspections, maintenance checks and condition reports are visual and non-invasive, unless agreed otherwise in writing. They are not a marine survey, they do not certify that a vessel or its systems are safe or seaworthy, and they cannot reveal every defect, especially hidden or developing ones.
• Third parties. Where we coordinate technicians, dealers, marinas or other suppliers, they are responsible for their own work, products and prices unless we agree otherwise in writing.
• Weather and hurricanes. Hurricane and storm preparation reduces risk but cannot prevent damage. We are not responsible for loss or damage caused by weather, named storms, natural events or other circumstances beyond our reasonable control.
• Emergency call-outs are handled as quickly as we reasonably can, subject to availability. No response time is guaranteed unless agreed in writing.
• Captain services are provided by arrangement and only on vessels that are seaworthy, properly documented and insured. Decisions about safety, weather and whether to leave the dock rest with the captain.
• Your responsibilities. You remain responsible for insuring your vessel, for its registration and compliance with the law, and for giving us accurate information about it, including known defects and hazards.

4. Boats for sale

• Seller information. Listing details, prices, specifications and photos are provided by the seller or prepared from information the seller provided. We present them in good faith but do not independently verify them and give no warranty about them.
• Not an offer. A listing is an invitation to enquire, not an offer to sell. Boats are subject to prior sale, price changes and withdrawal without notice.
• Buyers must check. Before buying, a buyer should arrange an independent marine survey and sea trial, and verify ownership, title, liens and mortgages, registration and flag, tax and import duty status, specifications, equipment and condition, using qualified professionals where appropriate.
• The sale contract. A sale is concluded only by a written purchase agreement between the buyer and the seller. Our role in a sale is set out in our written agreement with our client.
• Seller promises. A seller who submits a boat confirms that they own it or are authorised to sell it, that the information is accurate, and that they own or have permission to use every photo and document they send. The seller is responsible for claims caused by inaccurate information or by material they did not have the right to share.

5. Photos and information you send us

When you send us photos, documents or descriptions, for example for a boat listing, you keep ownership of them. You give us a non-exclusive, royalty-free permission to use, edit, resize and publish them on this website, social media and other advertising for the purpose you sent them for, for as long as that purpose lasts. You confirm that you have the right to give us this permission.

6. Our content and copyright

The text, design, logo and photos on this website belong to us or are used with permission. You may view and share links to the website, but you may not copy, reproduce or reuse its content for commercial purposes without our written permission.

If you believe something on this website infringes your rights, please email info@islandyachtcaresxm.com with the address of the page, a description of the material and your contact details. We will review it promptly and remove it where appropriate.

7. Acceptable use

You must not misuse the website, including by trying to gain unauthorised access to it or to the owner portal, interfering with its operation, submitting false or misleading information, or uploading material that is unlawful or that you do not have the right to share.

8. Links to other services

This website links to services we do not control, such as WhatsApp, Instagram and FormSubmit. Their own terms and privacy policies apply, and we are not responsible for their content or availability.

9. Limitation of liability

To the fullest extent permitted by law:

• the website and its content are provided "as is" and "as available", and we do not guarantee that it will be uninterrupted, secure or error-free;
• we are not liable for any indirect or consequential loss, or for loss of profit, income, use, charter or business opportunity;
• we are not liable for loss arising from reliance on the content of this website, including listing information supplied by sellers;
• unless your written agreement with us says otherwise, our total liability in connection with a service is limited to the price you paid for that service.

Nothing in these terms limits liability that cannot legally be limited, such as liability for fraud, intent or gross negligence, or your rights under mandatory consumer law.

10. Indemnity

If you breach these terms or submit information or material you were not entitled to share, you are responsible for the resulting losses, costs and third-party claims against us, including reasonable legal costs.

11. Governing law

These terms and any dispute about this website are governed by the laws of Sint Maarten. The competent court in Sint Maarten has jurisdiction, unless mandatory law gives you the right to bring a claim elsewhere. We will always try to resolve a complaint with you directly first.

12. General

We may update these terms; the date at the top shows when they last changed. If any part of these terms is found invalid, the rest remains in force. Our Privacy Policy explains how we handle personal information.